article viii. protection of resources division 1. … dev update... · 2019. 2. 25. · article...

Article VIII. Protection of Resources Page 1 of 104

ARTICLE VIII. PROTECTION OF RESOURCES 1

DIVISION 1. GENERALLY 2

Section 30-8.1. Purpose. 3

A. Purpose. This article is established for the purpose of protecting the immediate and long-term public 4 health, safety and general welfare by preserving, enhancing, conserving or restoring the natural 5 environment and cultural resources. The intent with respect to the urban forest is to establish and 6 maintain a sustainable tree canopy in which the healthiest and strongest existing trees are 7 preserved during development, and new high quality shade trees are planted. Development and 8 other activities within the city shall be in accordance with this purpose. 9

B. Objectives. The provisions of this article are intended: 10

1. To conserve energy through the cooling and shading effects of trees; 11

2. To conserve water through the preservation of existing natural vegetation, the use of xeriscape 12 techniques, and other water-conserving irrigation and landscape practices; 13

3. To mitigate nuisances such as noise, glare, heat, air pollution and stormwater runoff; 14

4. To preserve, enhance or restore the natural environment through the protection and 15 establishment of native vegetation and existing natural systems for the enjoyment of present 16 and future populations; 17

5. To promote a linked open space system throughout the city and county; 18

6. To preserve, enhance or restore the unique aesthetic character of the community; 19

7. To mitigate, through buffering, potentially adverse impacts between land uses of differing type 20 and intensity, and to ensure sufficient landscaping within areas designated for multiple-family 21 uses and mixed uses; 22

8. To assist in controlling vehicular and pedestrian movement to and within developed sites by: 23

a. Clearly delineating the boundaries of vehicular use areas, in such a manner that movement, 24 noise and glare do not adversely impact activity in adjoining areas; 25

b. Establishing the points of ingress and egress so as to eliminate confusion and to control 26 physical access to the site; 27

c. Establishing the direction of internal vehicular and pedestrian circulation; 28

9. To prevent personal injury, loss of life and excessive property damage due to flooding; 29

10. To prevent the installation of structures which reduce the flood channel capacity and increase 30 flood heights, the installation of which may cause excessive property damage; 31

11. To reduce public expenditures for emergency operations, evacuations and restorations; 32

12. To prevent damage to industries, transportation and utility systems; 33


13. To restrict or prohibit uses which are dangerous to health, safety and property due to water or 1 erosion hazards, or which result in damaging increases in erosion or in flood heights or 2 velocities; 3

14. To require that uses vulnerable to floods, including facilities which serve such uses, be protected 4 against flood damage at the time of initial construction; 5

15. To minimize the alteration of natural floodplains, creek channels and natural protective barriers 6 which are involved in the accommodation of floodwaters; 7

16. To minimize or prohibit filling, grading, dredging and other development which increases 8 erosion, sedimentation or flood damage; 9

17. To prevent or regulate the construction of flood barriers which will unnaturally divert 10 floodwaters or which may increase flood hazards to other lands; 11

18. To protect and enhance property values through regulation of the natural resources in the city; 12

19. To ensure that potential home buyers are notified that property is in a flood area; 13

20. To protect wetlands as areas for the natural storage of surface waters, and their function as a 14 means to reduce pollution; 15

21. To protect and restore the quality of groundwater and surface water through on-site treatment 16 of stormwater runoff; 17

22. To control the rate and quantity of stormwater discharging from any developed site; 18

23. To protect groundwater levels; 19

24. To prevent the breeding of mosquitoes; 20

25. To protect the diverse plant and animal communities found in association with creeks, lakes, 21 uplands, floodplains, nature parks and wetlands; 22

26. To prevent soil erosion and sedimentation loadings to creeks, lakes and wetlands; 23

27. To maintain the stability of creek and lake banks; 24

28. To prevent adverse impacts to the water quality of creeks, lakes, wetlands, floodplains, 25 groundwater and uplands; 26

29. To protect municipal drinking water quality; 27

30. To enhance the aesthetic and tree canopy qualities of significant entryway streets in order to 28 convey the image of the city as "a city in a forest"; 29

31. To protect or restore significant entryway streets in order to promote transportation safety and 30 to discourage blight; 31

32. To protect the environmental, education and passive recreation functions of public parks and 32 open spaces from nearby development, and, in some instances, to protect nearby development 33 from such public properties; 34

33. To protect public park wildlife, vegetation and park uses from potential adverse impacts by 35 nearby land uses. Such impacts can include stormwater pollution, pesticides, noise disturbances, 36 visual unsightliness and light pollution; 37


34. To encourage development and preservation of a network of greenway transportation corridors 1 throughout the city and county; 2

35. To provide safe, convenient, scenic, historic and nonmotorized transportation linkages between 3 land uses; 4

36. To provide wildlife corridors, and other forms of environmental conservation and environmental 5 education; 6

37. To provide for recreation and access to recreation; 7

38. To provide greenway buffering to protect environmental features and neighborhoods from 8 nearby land uses; 9

39. To preserve biological diversity and viable populations of special protection species dependent 10 on upland, transitional and wetland ecological communities; 11

40. To ensure adequate, safe, economic, reliable and environmentally sound water and wastewater 12 utility services for the public; 13

41. To promote economic development in a manner that will enhance the quality of life; 14

42. To diminish the severity and frequency of southern pine beetle outbreaks in Gainesville by 15 reducing the density of loblolly pines in urban areas; 16

43. To preserve high quality heritage trees, especially where they occur within 20 feet of the public 17 right-of-way; and 18

44. To favor replanting with native species of high quality shade trees, including requiring such trees 19 to be planted in locations that will reintroduce seed sources to adjacent natural communities. 20

Section 30-8.2. General Environmental Performance Standards. 21

A. Applicability. All uses and activities permitted in any zoning district shall conform to the standards of 22 performance described in this section. 23

B. Showing of probable compliance. Uses and activities required to comply with this section shall make 24 a showing of probable compliance with the performance standards described in this section. This 25 showing shall be in the form of a letter submitted with a zoning compliance permit or development 26 plan, as applicable, prepared by a professional engineer licensed by the State of Florida, certifying 27 that the use or activity complies with all performance standards described in this section. 28

1. Fire and explosion hazards. All activities and all storage of flammable and explosive materials or 29 products at any place shall be provided with adequate safety devices against the hazards of fire 30 and explosion, including adequate firefighting and fire suppression equipment, as prescribed by 31 the fire prevention code adopted in Chapter 10 of the Code of Ordinances. 32

2. Radiation. All sources of ionizing radiation shall be registered or licensed by the Florida 33 Department of Health. The handling of radioactive materials, the discharge of such materials 34 into air or water, and the disposal of radioactive wastes shall be in conformance with applicable 35 state and federal regulations. 36

3. Electromagnetic radiation. Electromagnetic radiation generated by activities shall not adversely 37 affect any operation or equipment other than those of the creation of the radiation. 38 Interference with radio and television reception is prohibited. Equipment or activities generating 39


electromagnetic radiation shall conform to the regulations of and, where appropriate, be 1 licensed by the Federal Communications Commission. 2

4. Waste disposal. All waste disposal including discharge of any liquid or solid waste into any public 3 or private sewage system, the ground, or any lake, creek, or wetland shall be in accordance with 4 state, federal, and local law and applicable regulations of state, federal and local agencies. 5

5. Vibration. No use shall at any time create earth-born vibration which when measured at the 6 boundary property line of the source operation exceeds the maximum allowable peak particle 7 velocity set forth below. Ground vibration shall be measured as particle velocity using 8 accelerometers. Particle velocity shall be recorded in three mutually perpendicular directions. 9 The maximum allowable peak particle velocity shall apply to each of the three measurements. 10

Frequency (Cycles per Second)

Maximum Peak Particle Velocity (Inches Per Second)

0 to 10 0.05

10 to 19 0.50

20 to 29 1.00

30 to 39 1.50

40 and over 2.00 11

6. Sound. All uses and activities shall not exceed the sound pressure levels set forth in Chapter 15 12 of the Code of Ordinances. 13

7. Heat, cold, dampness or movement of air. Activities on any property which produce any adverse 14 effect on the temperature, motion or humidity of the atmosphere beyond the lot lines are not 15 permitted. 16

8. Odor. No use shall be operated in any zoning district in such a manner that the emission of 17 odorous matter occurs in such quantity or volume as to produce a nuisance, source of 18 discomfort, or hazard beyond the bounding property lines of such a use. For the purpose of this 19 performance standard, the presence of such a described odor shall be determined by 20 observation by a person or persons designated by the City Manager or designee. In any case, 21 where the operator of an odor-emitting use may disagree with the enforcing officer where 22 specific measurement of odor concentration is required, the method and procedures specified 23 by the American Society for Testing and Materials (ASTM) E679 and E1432, entitled "Standard 24 Practice for Determination of Odor and Taste Thresholds By a Forced-Choice Ascending 25 Concentration Series Method of Limits" and "Standard Practice for Defining and Calculating 26 Individual and Group Sensory Thresholds for Forced-Choice Data Sets of Intermediate Size," 27 respectively. The operator and the city shall equally share the cost of conducting the more 28 elaborate ASTM E679 Procedure. 29

9. Air quality. All development shall maintain air quality levels that comply with state and national 30 ambient air quality standards. 31

10. Air pollution emissions. No industrial operation or use shall cause, create, or allow the emission 32 of air contaminants which at the emission point or within the bounds of the property are in 33 violation of the standards specified by the Florida Department of Environmental Protection, or 34


successor agency, or any governmental entity with regulatory jurisdiction, whichever standards 1 are more stringent. 2

11. Other air pollution. Open storage and open processing operations, including on-site 3 transportation movements, which are the source of windblown or airborne dust or other 4 particulate matter; or which involve dust or other particulate air contaminant generating 5 equipment including but not limited to paint spraying, grain or seed handling, sand or gravel 6 processing or storage or sand blasting shall be conducted such that dust and other particulate 7 matter so generated are not transported across the boundary property line or the tract on 8 which the use is located in concentrations exceeding standards set by the Florida Department of 9 Environmental Protection, or successor agency, or any governmental entity with regulatory 10 jurisdiction, whichever standards are more stringent. 11

12. Toxics. No industrial operation or use shall emit toxic or noxious matter at a concentration 12 exceeding ambient air quality standards for the State of Florida across the property line of the 13 parcel on which the operation or use is located. Where toxic materials are not listed in the 14 ambient air quality standards of the state, concentrations shall not exceed 1% of the threshold 15 limit values (TLVs) adopted by the American Conference of Governmental Industrial Hygienists 16 (ACGIH). If a toxic substance is not listed by the ACGIH, verification of safe levels of the proposed 17 toxic material for public health, plant and animal life will be required. 18

C. Utility service. All utility services, including but not limited to those of franchised utilities, electric 19 power and light, telephone, cable services, water, sewer and gas, shall be installed beneath the 20 surface of the ground, unless the City Manager or designee determines that the soil, topography 21 and other compelling condition makes it unreasonable or impractical. The subsurface mounting of 22 incidental appurtenances, including but not limited to transformer boxes or pedestal-mounted 23 boxes for the provision of utilities, electric meters, back flow preventers and fire hydrants, is not 24 required. 25

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DIVISION 2. TREES AND LANDSCAPE 27 Section 30-8.3. Elements of Compliance. 28

All property within the city shall be subject to the following regulations, except as exempted by 29 Subsection B below. No parcel within the city may be cleared, grubbed, filled or excavated, nor shall any 30 building be demolished, altered or reconstructed in a manner that negatively impacts regulated trees, 31 changes the site plan, site use or increases the impervious surface area except in compliance with this 32 article. Requirements of these sections do not exempt property owners from compliance with any other 33 section of this chapter. 34

A. Minimum requirements for landscaped areas. All areas designed to meet the requirements of these 35 sections shall comply with the following: 36

1. Street trees shall be provided a minimum rootzone volume of 700 cubic feet, except street trees 37 that share a rootzone volume shall require a minimum of 550 cubic feet. All other required 38 shade trees shall be provided a minimum of 420 cubic feet of rootzone volume. Where existing 39 conditions preclude the provision of the minimum rootzone volume, the reviewing board or City 40 Manager or designee may approve a lesser volume that meets the arboriculture needs of the 41 tree within the existing conditions. Underground utility lines shall not be located within the 42 rootzone volume, except for those lines that are four-inch diameter or less, and then only where 43


the utility separation requirements in Subsection 2. below are met. Prior to planting, any 1 limerock or construction debris found in this area shall be removed, and rootzone media soil 2 shall be provided to a depth of at least 3 feet. Shade trees shall be located a minimum of 10 feet 3 from a building face or from major architectural features of the building (including but not 4 limited to balconies, awnings, bay windows or porches). 5

2. A minimum separation requirement of 7.5 feet is required between new trees and existing or 6 proposed water, wastewater force main, reclaimed water, gas, electric and telecommunications 7 main and service utility lines, to protect against root incursion. A minimum separation 8 requirement of 10 feet is required between new trees and existing or proposed wastewater 9 gravity collection mains and laterals. Where feasible, separations should be marginally 10 increased in order to account for inaccuracies in surveying, engineering or construction. 11 Reduced separation distances to 3.5 feet may be allowed at the discretion of the utility 12 company. In these instances the utility company may require one of the following measures to 13 protect the utility lines, in accordance with the standards established by the utility company: 14

a. Compaction of the soil immediately adjacent to the underground lines to 98% proctor 15 density from the utility line to within 12 inches of ground surface; 16

b. Encasing the utility line with excavatable flowable fill, steel casing, or other acceptable 17 methods; 18

c. Wrapping the utility line with an herbicide-impregnated geo-textile bio-barrier cloth; 19

d. Protecting the utility line with structural barriers of cast-in-place or pre-cast concrete 20 panels, steel or high-density plastic sheet-pile barriers; or 21

e. Steel casing, installed in accordance with standards established by the utility company. 22

Where an existing tree is to be preserved, trenchless installation shall be required for the 23 installation of underground utilities, using directional boring or jacking-and-boring of a casing 24 pipe throughout the tree root plate. 25

3. An irrigation system, or a readily available water supply within a distance of 100 feet, shall be 26 supplied for all landscaped areas. An automatic irrigation system shall be provided for 27 development if the total area of impervious surfaces devoted to vehicular use areas exceeds 28 10,000 square feet. Such irrigation shall promote water conservation by such methods as drip 29 irrigation and/or efficient sprinkler zoning, as well as reducing the amount of irrigation as plants 30 become established. Each required tree shall be served by a drip ring or bubblers or other 31 appropriate means necessary to ensure that the entire rootball is irrigated. The irrigation system 32 shall be designed and located to minimize the watering of impervious surfaces. Successful 33 establishment of trees should occur within one year. After that time, use of the automatic 34 irrigation system may be discontinued. If the required trees die within 3 years of planting, they 35 shall be replaced in accordance with this Article, and replanted trees will require irrigation 36 throughout the next establishment phase. 37

4. Landscape areas that are not planted shall be grassed or mulched with organic materials. 38 Grassed areas shall be planted with sod that has been certified free of noxious weeds by the 39 Florida Department of Agriculture and Consumer Services, Division of Plant Industry. 40

5. When a landscaped area is adjacent to or within a vehicular use area, curbing shall be used to 41 protect landscaped areas from encroachment. Parking spaces shall be designed to provide 42 pervious surface for the vehicle overhang area. Shrubs and trees shall be placed away from the 43


wheel stop, so that they will not be encroached upon by vehicles. In lieu of curbing, the 1 alternative means of preventing encroachment shall be shown on the site plan. 2

6. All required trees shall be selected from the Gainesville tree list. Tree species not appearing on 3 the Gainesville tree list may be planted only with prior approval of the City Manager or designee 4 or appropriate reviewing board. Developments which require 16 or more shade trees shall have 5 at least four different high quality shade tree genera. Street tree diversity is to be attained city-6 wide in order to reduce the effect of loss of street tree species due to insect or disease 7 outbreaks, even though street tree diversity may not be attained on an individual street. The 8 applicant or landscape contractor shall schedule an on-site meeting with the City Manager or 9 designee prior to the installation of any trees or shrubs to ensure compatibility with 10 infrastructure and compliance with landscape code requirements. 11

7. Any landscaped area adjacent to an intersection or driveway shall conform to the requirements 12 for the vision triangle contained in the City of Gainesville Engineering Design and Construction 13 Manual. 14

8. Trees located near the street shall be planted in locations that meet the clear zone requirements 15 of the city public works department or the maintaining agency. 16

B. Exemptions to landscaping requirements. 17

1. Lots designed or designated for single-family residential dwellings and the developed portion of 18 any lot over two acres in actual single-family residential use are exempt from the requirements 19 of this section, except as provided in Section 30-8.7. 20

2. Development within the approach and Airport Runway Protection Zone areas as specified on the 21 adopted Gainesville Regional Airport master plan, on file with the director of aviation, 22 Gainesville Regional Airport, is exempt from the provision of required shade trees in areas 23 where federal regulations prohibit shade trees or where shade tree growth can be expected to 24 penetrate airport zone surfaces regulated under Federal Aviation Regulations 14 CFR, Part 77. If 25 permitted, understory trees must be substituted. Trees may be removed from such areas upon 26 filing a tree removal permit accompanied by submission of written authorization from the 27 Gainesville/Alachua County Regional Airport Authority or FDOT to the City Manager's designee. 28 Reforestation is not required in areas where federal regulations prohibit trees or where shade 29 tree growth can be expected to penetrate airport zone surfaces regulated under Federal 30 Aviation Regulations 14 CFR, Part 77. Mitigation will not be required except for high-quality 31 heritage trees, which must be mitigated in accordance with Section 30-8.7. 32

3. Where required shade trees are expected to conflict with planned solar energy generation, 33 developments may compensate for the required trees by relocating them to a designated area 34 or preserving an equal number of existing high-quality shade trees elsewhere on the site. At 35 least 140 square feet must be provided for each new shade tree to be planted, and existing 36 trees must be preserved in accordance with Section 30-8.8. These trees must be located so that 37 they can grow to maturity without obstructing the generation of solar energy, and the area 38 where they are planted or preserved must be delineated and noted as a “designated tree area” 39 on the development plans. 40

C. Expansions, 50,000 square feet or more. Expansions of existing developments that contain 50,000 41 square feet or more shall comply with the following regulations: 42

Proposed Development Mandatory Compliance


1. Any expansion which increases the gross floor area of a development by 10% or less.

The expansion area, all areas adjacent to the public right-of-way, as practicable, and all parking spaces directly related to the expansion area.

2. Any expansion which increases the gross floor area of a development by more than 10% but less than 20%.

The expansion area, all areas adjacent to the public right-of-way, and all property within 25 feet, where practicable, plus 25% of the remainder of the development. Removal of asphalt to create street buffers and parking lot islands will be considered practicable.

3. Any expansion which increases the gross floor area of a development by 20% or more but less than 35%.

The expansion area, all areas adjacent to the public right-of-way, and all property within 25 feet, where practicable, plus 50% of the remainder of the development. Removal of asphalt to create street buffers and parking lot islands will be considered practicable.

4. Expansion which increases the gross floor area of a development by 35% or more.

The entire development.

1

4. For purposes of this subsection, repeated expansions of property, including the construction or 2 erection of separate buildings or accessory structures, which meet the threshold in the table 3 shall comply with the provisions of this article as provided above. 4

5. The determination of the exact location of the remainder area which shall be brought into 5 landscape compliance shall be made by the appropriate reviewing board. In determining the 6 exact location of such remainder area, the following factors shall be considered: 7

a. Buffering incompatible land uses; 8

b. Improvement to areas of visual or environmental impact; 9

c. The economic and technical feasibility of landscaping particular areas; and 10

d. The visibility of landscaping areas from public roads or sidewalks. 11

D. Expansions, less than 50,000 square feet. Expansions of existing developments that contain less than 12 50,000 square feet shall comply with the following regulations: 13

1. Expansions of vehicular use area shall meet the requirements of Section 30-8.4 for the expanded 14 area and shall also meet requirements for street and use buffers adjacent to the expanded area. 15

2. Whenever expansion of a developed area, independently or cumulatively, totals 4,000 square 16 feet or more than 35% of the gross square footage of the developed area, whichever is less, the 17 entire site shall be brought into compliance with this article. For the purposes of this subsection, 18 repeated expansions or alterations of the property, including the construction or erection of 19 separate buildings or accessory structures, constructed within a period of 36 months, which 20 meet the above threshold, shall comply with the provisions of this article. 21

3. Any new use of property which alters the use of existing structures from a residential use to a 22 nonresidential use shall be required to meet all applicable landscaping requirements. The City 23


Manager or designee shall determine the applicable requirements based on the character and 1 orientation of the proposed mixed use development. 2

4. The use of property, including outdoor activities and parking, which expands the lot area of any 3 use, when such property adjoins property in actual use as a single-family residence or shown in 4 any single-family zoning district, shall be required to conform with all buffer requirements. 5

5. Expansions of outdoor storage shall require screening in accordance with the requirements in 6 Section 30-5.19. 7

E. Minimum submittal criteria. All landscape plans shall be drawn to scale and have a north arrow, and 8 accurately depict all buildings, pavement, on-site facilities, utilities and lighting systems. The 9 landscape drawing or accompanying development plan shall give the permitted use of adjacent 10 parcels and the total square footage of all pavement on-site. Stormwater basins shall be designated 11 as either wet or dry. A plant schedule shall be provided showing the botanical name, size, spacing 12 and number of all required plant materials. Architectural symbols depicting trees to be installed 13 shall not exceed the scale equivalent of five feet in diameter with a solid line; a hatched line around 14 the solid line shall show the expected canopy dimension after twenty years as identified in the 15 Gainesville tree list. Any native tree or shrub may be substituted for the identified plant with city 16 staff approval, provided that the tree or shrub is adaptable to the amount of sun/shade, wet/dry 17 and size conditions where it will be planted, and insofar as the provisions for diversity, shading 18 and/or screening described in the article are met. Changing tree species shall not diminish the total 19 number of high quality shade trees in their required locations. Plant material shown in addition to 20 the required elements of the landscape plan may be labeled as optional and shall not be subject to 21 inspection. 22

F. Design principles and standards. All landscaped areas required by this article shall conform to the 23 following general guidelines: 24

1. The preservation of structurally sound native trees of high quality shade tree species and shrubs 25 is strongly encouraged to maintain healthy, varied and energy-efficient vegetation throughout 26 the city, and to maintain habitat for native wildlife species. Developments should be designed to 27 preserve existing high quality heritage trees, especially those located within 20 feet of the public 28 right-of-way. 29

2. The landscaping plan should integrate the elements of the proposed development with existing 30 topography, hydrology and soils in order to prevent adverse impacts such as sedimentation of 31 surface waters, erosion and dust. 32

3. The functional elements of the development plan, particularly the drainage systems and internal 33 circulation systems for vehicles and pedestrians, should be integrated into the landscape plan. 34 The landscaped areas should be integrated, especially to promote the continuity of on-site and 35 off-site open space and greenway systems, and to enhance environmental features, particularly 36 those features regulated by the environmental overlay districts (Article VIII). 37

4. The selection and placement of landscaping materials should maximize the conservation of 38 energy through shading of buildings, streets, pedestrian ways, bikeways and parking areas. 39 Where possible, shade trees should be planted along internal sidewalks that connect buildings 40 to the street sidewalk and to other buildings on the site. 41

5. Landscaping design should consider the aesthetic and functional aspects of vegetation, both 42 when initially installed and when the vegetation has reached maturity. Newly installed plants 43 should be placed at intervals appropriate to their expected function as short-term or long-term 44


elements. The natural and visual environment should be enhanced through the use of materials 1 which achieve a variety with respect to seasonal changes, species of living material selected, 2 textures, colors and size at maturity. 3

6. The placement of trees around buildings should permit access to the building by emergency 4 vehicles. 5

7. The installation of the following invasive nonnative species is prohibited, as is installation of any 6 species labeled as “Prohibited” in the most recently published version of the Institute of Food 7 and Agricultural Science (IFAS) Invasive Species Assessment: 8

INVASIVE, NONNATIVE PLANT SPECIES 9

Common Name Scientific Name

Air potato Dioscorea bulbifera

Arrow bamboo Pseudosasa japonica

Brazilian pepper Schinus terebenthifolius

Catclaw vine Macfadyena unguis- cati

Chinaberry Melia azedarach

Chinese privet Ligustrum sinense

Chinese tallow tree Sapium sebiferum

Chinese wisteria Wisteria sinensis

Climbing fern Lygodium japonicum and Lvgodium microphyllum

Cogon grass Imperata cylindrica

Coral berry Ardisia crenata

Coral ardesia Ardisia iaponica

Elephant's ears Xanthosoma sagittifolium

Glossy privet Ligustrum lucidum

Golden raintree Koelreuteria paniculata and Koelreuteria bipinnata

Golden bamboo Phvllostachys aurea

Henon bamboo P. nigra cv. "Henon"

Hydrilla Hydrilla verticulata

Hygrophia Hygrophia polysperma

Japanese ardisia Ardisia iaponica

Japanese honeysuckle Lonicera japonica


Japanese paper mulberry Brousonettia papyrifera

Kudzu Pueraria lobata

Mimosa Albizia julibrissin

Miramar weed Hvgrophila polysperma

Oyster plant Tradescantia spathacea

Palm leaf bamboo Sasa palmate (Arundinaria palmata)

Skunk vine Paederia foetida

Tropical soda apple Solanum viarum

Wandering spiderwort

Water hyacinth Eichornia crassipes

White-flowered small-leaved spiderwort

Tradescantia fluminensis

Wild taro Colocasia esculenta

1

8. For all new development, or redevelopment of existing property, the applicant shall remove 2 invasive nonnative plant species listed on the Florida Prohibited Aquatic Plants List or the Florida 3 Noxious Weed List from the property in accordance with the management plan prior to issuance 4 of the certificate of occupancy. On property with invasive nonnative plant species, a plan shall 5 be submitted with the development application that includes a timeline, success criteria, 6 treatment recommendations, and identifies methods that will have minimal impact on non-7 target species. All herbicide applications to control invasive, nonnative plants in wetland or 8 upland set-aside areas (including buffers) shall be applied by a contractor licensed by the Florida 9 Department of Agriculture and Consumer Services, Division of Agricultural Environmental 10 Services, with a current certification in Natural Areas Weed Management. The City Manager or 11 designee should inspect such sites for a minimum of three years after completion to verify 12 effectiveness of control efforts. The plan shall state the entity responsible for additional 13 treatments during the three-year follow-up if the populations of invasive nonnative plants 14 rebound and cover more than 10% of any previously infested area within the wetland or upland 15 set-aside areas. 16

9. Loblolly and slash pines should be at least 25 feet apart post-development to reduce southern 17 pine beetle infestation outbreaks. 18

Section 30-8.4. Vehicular Use Areas. 19

A. Perimeter requirements. 20

1. Perimeter landscaped area required. All vehicular use areas shall be separated by a perimeter 21 landscaped area, a minimum of nine (9) feet in width, from any public or private street and from 22 any adjacent properties. 23

2. Exemptions. This landscape area is not required: 24


a. When the paved ground surface area is completely screened from adjacent properties or 1 streets by intervening buildings or structures; or 2

b. When an agreement to operate abutting properties as essentially one contiguous parking 3 facility is in force, and both sites are in compliance with vehicular use area landscaping 4 requirements. The agreement shall be executed by the owners of the abutting properties, 5 and shall bind their successors, heirs and assigns. Prior to the issuance of any building 6 permit for any site having such a contiguous parking facility, the agreement shall be 7 recorded in the public records of the county; 8

3. Automotive sales uses. For automotive sales uses, the perimeter landscape area shall only be 9 required for 300 feet along each street frontage in the area devoted to automobile display, with 10 the remainder of the required plant materials being proposed for planting elsewhere on the 11 site, such as around stormwater areas or the building foundation. Perimeter landscape areas 12 shall be required for all storage, accessory service and customer parking areas at any auto sales 13 facility. 14

4. Modifications. The appropriate reviewing authority may determine that: 15

a. Screening is better achieved by relocation of the landscape strip; 16

b. There is an unresolvable conflict between other elements of the development plan and the 17 location, width or height of the perimeter landscape area, and that the public interest is 18 therefore best served by relocation of the landscape area, lowering the height of required 19 material or the substitution of a solid fence or wall in conjunction with a reduction in width 20 provided that the number of shade trees that would have otherwise been required are 21 planted elsewhere on the development site; or 22

c. On redevelopment sites where the conflict between existing utility line separation distances 23 and the shade trees required within the perimeter landscaped area cannot be resolved 24 through the practices listed in Section 30-8.3.A.2., then the area shall be planted with shrubs 25 and understory trees acceptable to the utility company. On projects where new utility lines 26 are planned, sufficient space shall be allocated to meet both the utility separation 27 requirements and the minimum tree-planting requirement. 28

5. Required plant material. The perimeter landscape area shall contain: 29

a. Shrubs, arranged to provide a visual screen of 75% opacity and achieve a height of at least 30 three feet within three years; and 31

b. High quality shade trees at a minimum average of three trees for every 100 feet of the linear 32 distance of the perimeter landscape area, excluding the width of driveways that cross the 33 landscape area. The distance between such trees shall not exceed 55 feet nor shall they be 34 planted closer than 25 feet apart. 35

c. The Development Review Board or City Plan Board during development plan review, or staff 36 during administrative review, may determine that natural vegetation is sufficient to screen 37 adjacent properties and rights-of-way. In such instance the existing vegetation, including 38 understory plants and bushes, is protected from pruning and removal except that diseased 39 plant material and invasive nonnative species shall be replaced in accordance with this 40 section. Where the property is adjacent to a railroad right-of-way or utility easement, these 41 areas shall not be substituted for the perimeter landscape area or the required landscaping. 42


Where encroachments are made for utility connections, replacement plants appropriate to 1 the ecosystem shall be required. 2

B. Interior landscaped areas. The interior of any vehicular use area shall also be landscaped in 3 compliance with the following: 4

1. Landscape islands, equal to the size of one parking space, shall be located at an average of every 5 10 parking spaces. At no time shall a row of parking have landscape islands greater than 126 6 feet apart or closer than 36 feet apart. Additionally, terminal landscape islands containing a tree 7 shall enclose each row of parking spaces. 8

2. Each required landscape island shall contain at least one high quality shade tree listed on the 9 Gainesville tree list as a species appropriate for ‘lot’ planting. Such tree(s) shall be located within 10 the landscaped area to maximize the shading of the pavement. 11

3. All parking lots with two or more rows of interior parking shall contain 8-foot-wide landscape 12 strips between the rows allowing for 2-foot vehicle overhangs on each side. Shade trees shall be 13 planted every 50 feet on average within these landscaped areas, but outside of the 2-foot 14 vehicle overhangs. As an alternative, every other row of head-to-head parking may provide a 15 16-foot-wide curbed landscape strip with shade trees every 35 feet on average. As needed, 16 these wider landscape strips may contain sidewalks. 17

4. The Development Review Board or City Plan Board through development plan review, or staff 18 when only staff review is required, may allow the relocation of interior landscaped areas to 19 preserve existing trees, or where it is determined, upon review and recommendation of the City 20 Manager or designee, that the relocation is necessary for the safe maneuvering of vehicles or 21 pedestrians. 22

5. In those vehicular use areas including but not limited to auto dealerships, storage of service or 23 delivery vehicles, or attendant parking where interior landscaping would interfere with the 24 customary storage or display of vehicles, the Development Review Board or City Plan Board 25 through development plan review, or staff when only staff review is required, may allow some 26 or all of the required interior landscaping to be located near the perimeters of the paved area, 27 including such perimeters which may be adjacent to a building on the site. Such landscaped area 28 would be in addition to required perimeter landscaping in the amount of one square foot of 29 landscaped area for each 60 square feet of paved area. For each 140 square feet of relocated 30 landscaped area, a high quality shade tree shall be provided. 31

Section 30-8.5. Compatibility Buffers. 32

This section is intended to provide the minimum requirements for separation of land uses of differing 33 type and intensity. The need for a buffer strip between land uses shall not impede the development of 34 appropriate pedestrian and bicycle accessways between these uses. Where such accessways are 35 installed, they shall be landscaped in a manner to clearly delineate such trails and bikeways and also to 36 provide shade trees as appropriate. Where certain uses or combinations of uses are difficult to 37 categorize, as in planned developments or public service facilities, it is the intent of this section that 38 buffering shall be provided which mitigates the impacts of such uses. 39

A. Required buffer strip areas. Buffer strips between properties are intended to provide visual 40 screening and sound attenuation of more intense land uses from abutting less intense land uses. 41 The required buffer type, shown in Chart A below, depends on the land use designation of the 42 subject property which is being developed and the land use designations of the abutting properties. 43


The required width of the each buffer type and the required amount of shade trees, understory 1 trees, and shrubs are shown in Chart B below. 2

CHART A. LAND USE BUFFER TYPES 3

FUTURE LAND USE DESIGNATION

Abutting property → Subject property ↓ Si

ngle

Fam

ily

Res.

Low

Res.

Med

ium

Re

s. H

igh

MU

Offi

ce/R

es

Offi

ce

MU

Low

M

U M

ediu

m

Urb

an C

ore

UM

U U

MU

Hig

h

Com

mer

cial

Bu

sine

ss In

d.

Indu

stria

l

Educ

atio

n Re

crea

tion

Publ

ic F

acili

ties

Agric

ultu

re

Cons

erva

tion

Single-Family Residential Low

- - - - - - A

Res. Medium Res. High MU Office/Residential Office

A - - - - A A

MU Low MU Medium Urban Core UMU UMU High

B A - - - A B

Commercial Business Ind.

C B A - - B C

Industrial C C C B - C C

Education Recreation Public Facilities

A A - - - - A

Agriculture Conservation

- - - - - - -

4

CHART B. REQUIRED WIDTH AND PLANTINGS FOR BUFFER TYPES 5

BUFFER TYPE MIN WIDTH

SHADE TREES (per 100 linear

feet) UNDERSTORY TREES (per 100 linear feet)

SHRUBS (per 100 linear

feet) A 9’ 2 2 20 B 9’ 3 2 20 C 15’ 3 3 25

6

B. Buffer widths. The appropriate reviewing board, or the City Manager or designee, may require the 7 expansion of the minimum width of the buffer strip to ensure that trees will meet separation 8 requirements from utility lines, buildings, or paved areas, or to allow for the inclusion of an existing 9 high-quality shade tree in the buffer strip. 10


C. Driveways and sidewalks. The widths of driveways and pedestrian or bicycle facilities that cross 1 through a required buffer shall be subtracted from the linear feet of buffer length for the purposes 2 of calculating the number of required plantings in Chart B above. 3

D. Existing trees and natural vegetation in buffers. Any regulated, high quality shade trees existing 4 within the minimum required buffer width shall be protected in accordance with Section 30-8.8. 5 Credit for preserving existing trees shall be applied in accordance with this Article. High quality 6 heritage trees within buffer areas should be preserved with the area underneath the canopy dripline 7 protected. Sidewalks and bicycle access infrastructure may be permitted within the protection zones 8 of a high quality heritage tree but not within the root plate. Natural vegetation, if it achieves a 9 continuous 75% opacity for 10 months of the year, may be substituted for the required shrubs. If a 10 buffer that preserved existing vegetation is subsequently cleared by the property owner or when 11 permits for tree removal are granted post-development, then the required shrubs and trees in 12 accordance with this section shall be required. 13

E. Invasive nonnative vegetation in buffers. All buffers shall be maintained to remove invasive 14 nonnative plant species and curtail natural regeneration of seedling loblolly and slash pines. The 15 density of loblolly and slash pines in a natural buffer should be managed so the remaining pines 16 grow no closer than 25 feet and seedling regeneration is curtailed. 17

F. Sound attenuation. The reviewing board, or City Manager or designee, may address the need for 18 sound attenuation of certain equipment, such as refrigeration units, motors, fans, power tools, etc., 19 or uses such as loading, vehicle repair, outdoor recreation, etc., by requiring a study, prepared by a 20 licensed engineer or architect, to address the potential for a noise disturbance to be transmitted to 21 adjacent properties by the proposed use, and may require the installation of a wall, fence or berm in 22 addition to required landscape material. The wall, fence or berm may be located within the required 23 buffer or directly around the equipment or use which requires sound attenuation. 24

G. Street trees. Street trees shall be planted along the sides of all streets within a development and on 25 the development side of any contiguous street. Street trees shall be planted for every 30 to 50 feet 26 of street frontage, depending on the canopy area needed for the tree species. The widths of 27 driveways along a street shall be subtracted from the linear feet of street frontage length for the 28 purposes of calculating the number of required street trees. In no case shall trees be spaced closer 29 together than 25 feet or farther apart than 60 feet. Alleys are exempt from this requirement for 30 street trees. 31

1. Street trees shall be high quality shade trees and shall be planted in tree lawns with a minimum 32 width of 8 feet, or within tree wells with minimum 4-foot by 4-foot surface openings. 33

a. On-street parking spaces may be located between street trees, as long as the required 34 number of trees is planted along the street frontage and the minimum rootzone volume is 35 provided for each tree. 36

b. Tree wells may be enclosed with pavers or other hardscape materials above the required 37 rootzone volume. The City Manager or designee may determine if installation of an 38 aeration system is necessary to conduit water and oxygen to the roots of trees within tree 39 wells. 40

2. Where possible, street trees shall be planted between the street and the public sidewalk. Street 41 trees may be planted between the sidewalk and adjacent buildings only where the location of 42 existing or proposed utility lines along the street, or the clear zone requirements of the public 43 works department or other maintaining agency, prevent the location of trees between the 44


street and sidewalk. Where street trees are approved to be planted between the sidewalk and 1 adjacent buildings, the trees may be located as close as 5 feet away from building face. 2

3. The reviewing board, or the City Manager or designee, may require the adjustment of the 3 prescribed build-to line in order to accommodate the required street trees and ensure that the 4 trees will meet separation requirements from utility lines, buildings, and paved areas. 5

4. Where possible, developments shall be designed to preserve as street trees any existing 6 champion or high quality heritage trees which are located in the right-of-way or on private 7 property within 20 feet of the right-of-way. Where these trees are preserved, no new 8 construction or grading shall occur within the tree root plate, and new buildings shall be 9 designed so that no more than 25% of the crown of the trees is removed. The area underneath 10 the canopy of the preserved trees shall be exempt from tree planting requirements, and the 11 required distances between street trees may be modified. 12

5. A minimum 10-foot separation shall be provided between street trees and street stormwater 13 inlets, except where bioretention inlets that incorporate trees are utilized. 14

6. Where the required street trees would overlap with trees that are required to satisfy perimeter 15 landscaping requirements for vehicular use areas, only the requirements for the vehicular use 16 area shall be met. 17

H. Parking structures along a street. Except at points of ingress and egress, and except as required in 18 Article IV for transect zones, parking structures shall provide a 10-foot-wide landscaping strip 19 between the public sidewalk and the structure, which is designed to screen automobiles from 20 pedestrians on the street. This strip shall be planted with evergreen shade trees at an average of 21 four trees for every 100 feet of the linear distance of the street frontage of the structure, excluding 22 the width of driveways. The required trees shall be supplemented with a continuous line of shrubs. 23 This landscaping strip is required when the ground floor use is parking, but is not required where 24 parking structures are shielded from the street by liner buildings or provide office or commercial 25 uses along the first floor street frontage. 26

Section 30-8.6. Stormwater Management Areas. 27

A. All stormwater basins shall be designed and landscaped to meet the following criteria: 28

1. Shade trees shall be planted at an average of one tree for every 35 linear feet of the basin 29 perimeter. Spacing of trees may be closer when trees are planted in groups for aesthetic effect, 30 but the minimum distance between the trees shall be 10 linear feet. Trees shall be selected from 31 the Gainesville tree list that are appropriate for use within stormwater areas, and all landscaping 32 shall be selected according to the function as a wet or dry basin. Trees shall be located at least 33 20 feet away from inflow and outflow structures. Bioretention swales and exfiltration facilities 34 are exempt from these tree planting requirements. 35

2. 25% or more of the basin perimeter or littoral zone shall be landscaped with shrubs, 36 groundcover, native perennials, or aquatic plants. 37

B. Individual stormwater basins that are greater than 5,000 square feet in total area shall be designed 38 with curvilinear sides that mimic a natural wetland, lake, or stream. The landscaping for these 39 basins shall be integrated with the other required site landscaping. 40

C. Individual stormwater basins that are greater than 40,000 square feet in total area shall also be 41 designed to meet at least one of the following criteria: 42


1. Provide a recreational or functional pathway for pedestrians or bicyclists and an aesthetic focal 1 point such as a water feature or pedestrian structure; or 2

2. Be designed to preserve and incorporate a significant tree or tree grouping; or 3

3. Be designed to maintain an existing wetland function or to preserve or establish habitat for 4 native animal species. 5

Section 30-8.7. Permits for Tree Removal; Mitigation. 6

A. Removal or relocation permits. Except as provided below, no living regulated tree may be removed 7 or relocated without a removal permit and mitigation as provided for in this section. Only the tree 8 advisory board may approve or deny the removal, relocation or replacement of champion trees. 9

B. Exemptions. 10

1. On property with single-family dwellings, permits shall be required only for the removal of 11 champion or heritage trees. 12

2. Removal of loblolly or slash pines less than 20 inches in diameter from a natural or naturalized 13 landscape shall not require mitigation planting, unless the removals result in a uniform tree 14 density on the site of less than one tree per 900 square feet of unpaved area. Where resulting 15 tree density would be less, sufficient mitigation trees meeting the standard of Section 30-8.10 16 shall be established to achieve the specified minimum density. 17

3. Removal of regulated trees in connection with ecosystem management or restoration on parcels 18 with conservation easements, in conservation management areas or on parcels managed as 19 nature parks or preserves, provided the following criteria are met: 20

a. A plan for the removal and revegetation of the area has been approved by the City Manager 21 or designee; 22

b. The only trees that may be removed are of the following species: Loblolly Pine, Slash Pine, 23 Water Oak, Laurel Oak, Sweetgum, Sugarberry, and any species not native to Alachua 24 County; 25

c. The tree removal is being done in furtherance of restoration of a natural community or 26 communities appropriate to the site as indicated by soils, remnant vegetation, and 27 hydrological and geological conditions; 28

d. The applicant has demonstrated that after the removals, the land will be maintained in a 29 manner that promotes the continuation of the restored natural community; and 30

e. The plan has been approved by the nature centers commission. 31

4. For the immediate protection of the health, safety, or welfare of the public, trees may be 32 removed without obtaining a permit in advance. However, the property owner or its authorized 33 agent shall file a permit application during the next city work day. Permit approval shall be 34 granted, provided the trees removed are mitigated in accordance with this code. 35

C. Methods of mitigation. Mitigation is allowed by two methods: 1) mitigation trees (on an inch-for-36 inch basis or as otherwise specified); and 2) mitigation payment. The amount of mitigation is as 37 specified in Subsections D. and E. below. 38

1. Mitigation trees. Mitigation trees shall be of high quality shade species as identified on the 39 Gainesville tree list and sited in accordance with the requirements of Section 30-8.3.A. The 40


installation of new trees for a development as required by this chapter may count as mitigation 1 for trees removed from the site, except where those removed trees are of a high-quality 2 species. Increasing the diameter of trees required to be planted with a development shall not 3 be used to meet mitigation requirements. The preference is for mitigation trees to be planted 4 on the site, but where it is demonstrated that no space is available, mitigation trees may be 5 planted offsite within City limits as approved by the City Manager or designee. 6

2. Mitigation payment. Mitigation payment shall be based on tree appraised value, or as 7 otherwise specified in this code. Payment shall be made prior to the approval of a final 8 development order, or prior to issuance of a certificate of occupancy for any development 9 requiring only building permits. Mitigation payments received by the City shall be deposited in 10 the City tree mitigation fund, which must be used in accordance with this subsection. This fund 11 may be used for new tree plantings associated with public improvement projects or for the 12 preservation of trees through the purchase of conservation lands, but shall not be used for tree 13 maintenance or toward the installation of new trees that would already be required for a 14 development. In addition, this fund may be used for an ecological assessment of the urban 15 forest every five years, and for an update of the urban forest management plan every ten years. 16

a. Offsets for tree mitigation payment. A tree mitigation payment may be offset by installing 17 improvements that create an improved growing environment for existing or proposed trees 18 located within the project’s street tree landscape zone within the public right-of-way, 19 including: 20

i. Use of a pre-manufactured, modular structural product to suspend and support paving 21 over the root zone volume area of the tree in order to prevent soil compaction. 22

ii. Provision of root zone volume greater than the required minimum as specified in 23 Section 30-8.3.A, provided that the root zone volume does not exceed six feet in depth. 24 Credit will be granted per cubic foot over the required minimum up to 2,000 cubic feet 25 total root zone volume. Trees must be provided with a minimum of 1,000 cubic feet of 26 root zone volume to be eligible. 27

Proposed improvements and installation methods must be consistent with industry 28 standards, and must be approved by the City Arborist or Urban Forestry Inspector prior to 29 installation and inspected and approved prior to any credit towards the project’s tree 30 mitigation payment. The requested offset may not exceed the project’s total tree mitigation 31 payment, and proposed improvements must be used on the project requiring tree 32 mitigation. Improvements must be installed by a qualified installer of the product as 33 identified by the manufacturer’s specifications. 34

D. Removal and mitigation of regulated trees subject to subdivision or development plan approval. 35 When tree removal or relocation is contemplated in conjunction with any development requiring 36 approval of a development plan or subdivision plat, such removal or relocation shall be considered 37 and either approved or denied at the same time a development plan or plat is approved or denied, 38 based upon the criteria specified in Subsection F of this section. No separate tree removal permit is 39 required. All of the required plans, data or other information required with the application shall be 40 included on the proposed development plan or on the supporting documents submitted with the 41 plan or the plat. The following requirements apply: 42

1. Decisions on tree removal shall be based on a tree survey or a qualitative tree survey. The 43 landscaping plan shall show all trees to be preserved, provide for protective tree barriers that 44


meet the requirements of Section 30-8.8, and specify the details of the mitigation required in 1 this section. 2

2. Construction drawings shall be submitted to the building department and application for 3 building permits made before any trees are removed. 4

3. After a certificate of occupancy has been issued for a development, any additional tree removal 5 shall require either a tree removal permit or a development plan amendment. Failure to obtain 6 a tree removal permit before removing or relocating any existing regulated tree or any tree that 7 was planted to comply with the approved development plan shall be subject to the measures for 8 enforcement specified in Section 30-8.43. 9

4. The requirements for mitigation of regulated trees approved for removal as part of 10 development plan or subdivision plat review are as follows: 11

12

CATEGORY MITIGATION

High quality heritage trees, in fair or better condition.

Mitigation payment based on tree appraised value, limited to three trees per acre averaged over the entire site. If more than three trees per acre in this category are located on the site then the trees with the highest tree appraised value throughout the site shall be used to calculate the payment. High quality heritage trees proposed for removal in excess of the overall average of three per acre shall require mitigation trees on an inch-for-inch on a diameter basis.

Heritage trees of other than high quality species, in fair or better condition, excluding laurel oaks and water oaks.

Mitigation trees on an inch-for-inch diameter basis.

Any heritage trees in less than fair or better condition; any heritage laurel oak or water oak; and any other regulated tree.

Mitigation trees consisting of two trees of high quality shade species established for each tree removed.

E. Removal and mitigation of regulated trees not part of subdivision or development plan approval. Any 13 person desiring to remove or relocate a regulated tree, except tree removal approved as part of 14 subdivision or development plan approval, shall file a tree removal permit with the City Manager or 15 designee. As a condition to granting a permit, the applicant shall mitigate each tree being removed. 16 The following requirements apply: 17

1. Permit applications shall include the name of the property owner, address from which tree will 18 be removed, tree species and diameter, and reason for removal of the tree. The permit 19 application shall be signed by the property owner and, if applicable, its authorized agent. 20 Applications for tree removal shall also include a scaled drawing of the site showing tree size 21 and location, and a statement of how any other regulated trees are to be protected during any 22 approved tree removal and any associated construction or clearing, or grade changes. The City 23 Manager or designee shall attempt to verify the information contained in the application and 24 shall either approve or deny the application as to each regulated tree proposed to be removed. 25


2. Where construction is associated with the tree removal, construction drawings shall be 1 submitted to the building department and application for building permits made before any 2 trees are removed. 3

3. The requirements for mitigation of regulated trees not associated with development plan or 4 subdivision plat review are as follows: 5

CATEGORY MITIGATION

Single-Family Dwellings

High quality heritage trees, in fair or better condition, wherever they are located on the property.

Mitigation trees on an inch-for-inch diameter basis, with a minimum of two shade trees of high quality species planted on site for each tree removed.

Heritage trees of other than high quality species and high quality heritage trees in less than fair or better condition, wherever they are located between the property lines and legal setbacks.

Mitigation trees consisting of two shade trees of high quality species planted on the site for each tree removed.

All Other Uses

High quality heritage trees, in fair or better condition. Mitigation payment based on tree appraised value, and mitigation trees consisting of a minimum of two shade trees of high quality species planted on site for each tree removed.

Heritage trees of other than high quality species, in fair or better condition; and high quality heritage trees, in fair or better condition, which are causing structural problems to buildings or underground utilities.

Mitigation trees on an inch-for-inch diameter basis, with a minimum of two shade trees of high quality species planted on site for each tree removed.

Any heritage trees in less than fair or better condition; and any other regulated tree.

Mitigation trees consisting of two shade trees of high quality species planted on the site for each tree removed.

6

F. Permit approval criteria. Removal or relocation of a regulated tree may be approved by the 7 reviewing board, City Manager or designee based upon one of the following findings, which shall be 8 supported by competent substantial evidence provided by the applicant: 9

1. The tree poses a safety hazard or has been weakened by disease, age, storm, fire or other injury; 10

2. The tree contains a disease or infestation that could spread to other trees; 11

3. The tree prevents the reasonable development of the site, including the installation of solar 12 energy equipment or the installation or replacement of utility lines; 13

4. The tree is causing or is likely to cause structural damage or problems to buildings or 14 underground facilities due to excessive root or trunk growth, or soil expansion and contraction 15 caused by uneven water uptake; or 16


5. The tree should be removed for some other reason related to the public health, safety or 1 welfare. This finding cannot serve as the sole basis for removal of high quality trees. 2

The City Manager or designee may require the applicant to provide verification of the findings in the 3 form of a written report signed and sealed by an appropriate licensed professional within the State 4 of Florida. Regulated trees shall not be removed, damaged or relocated for the purpose of 5 installing, replacing or maintaining utility lines and connections unless no reasonably practical 6 alternative is available, as determined by the City Manager or designee. Where a tree may be 7 preserved by cutting the tree roots instead of removing a tree, that strategy shall be preferred. 8

G. Natural emergencies or disasters. In the case of natural emergencies or disasters such as hurricanes, 9 windstorms, floods or other disasters, issuances of permits for the removal of damaged trees may 10 be waived by the City Manager or designee. Such waiver may not be for an indefinite period and 11 shall expire when the City Manager or designee determines that emergency conditions have ended. 12

H. Commercial tree removal permits. Commercial tree removal permits may be granted for the removal 13 of trees associated with forestry management, tree harvest and other similar commercial purposes 14 in accordance with the requirements of this subsection. 15

1. Applicability. Commercial tree removal permits may be requested in lieu of other tree removal 16 permits required by this section where no development of the property is intended. Where 17 development of the property is planned, the petitioner shall address tree removal within the 18 development plan review or normal tree removal processes. 19

2. Permit granting authority. The City Manager or designee or the Development Review Board 20 have authority to grant commercial tree removal permits as described below. 21

3. Receipt of request. Owners of property may request the appropriate authority to grant a permit 22 for the commercial removal of trees by filing such an application with the city, on forms supplied 23 by the city, together with the appropriate fee. The request shall be accompanied with the 24 following information supplied by the applicant: 25

a. Suitability of the trees for harvest. 26

b. Harvesting methods to be used. 27

c. Sedimentation and erosion control measures to be used. 28

d. Plan of property showing location of required buffers next to water bodies and property 29 lines and tree canopy to remain as applicable. 30

e. Tree protection measures for trees to remain. 31

f. Species of trees to be used for replacement. 32

4. Notice. Whenever a property is under consideration for a permit, except any property 33 designated agriculture on the future land use map, all owners of property adjacent to the 34 property shall be given notice by mail. Such notice shall be mailed at least 15 calendar days prior 35 to the granting of the permit. For the purpose of this notification, an owner of property shall be 36 deemed to be the person who, by his/her address, is so shown on the tax rolls of the city. If any 37 such property is part of the common area of a condominium, notice shall be sent to all of the 38 condominium unit owners as shown on the latest tax rolls. Additionally, the property under 39 consideration shall also have a sign posted at least five calendar days prior to the date the 40 permit is to be granted. The sign shall specify that the property is under consideration for a 41


permit allowing tree removal for commercial purposes and specify the date the permit is to be 1 granted. 2

5. Procedure for review. If less than 20% of the noticed property owners file a written objection to 3 the proposed tree removal within 15 calendar days of the mailing of the notice, the commercial 4 tree removal permit may be issued provided all other provisions of this section and this chapter 5 have been met. 6

a. If 20% or more of such noticed property owners file a written objection within 15 calendar 7 days of the date of mailing of the notice, the Development Review Board shall hold a public 8 hearing in accordance with its rules. The Development Review Board, in deciding whether to 9 approve or disapprove the application, shall consider the factors delineated in Subsections 10 H.7. and 8. of this section. 11

b. Parcels designated agriculture on the future land use map. All applications for tree removal 12 on such parcels shall be reviewed by the City Manager or designee, who, in deciding 13 whether to approve or deny the application, shall consider the factors delineated in 14 Subsections H.7. and 8. of this section. Appeals of the decision of the City Manager or 15 designee shall be made in accordance with provisions for appeal as provided in this chapter. 16

6. Action on application. Upon receipt of a completed application and following the notice period 17 specified above, or after the permit has been granted after a hearing under Subsection H.5., the 18 City Manager or designee will issue the commercial tree removal permit, except as may be 19 modified below, with the following conditions: 20

a. Unless otherwise specified herein, trees will be removed according to best management 21 practices, as specified in "A Landowner's Handbook for Controlling Erosion from Forestry 22 Operations," published by the state department of agriculture and consumer services, 23 division of forestry, or subsequent manuals on file with the public works department. 24

b. No regulated tree shall be removed and no logging road shall be constructed: 25

i. Within 35 feet of the break in slope at the top of the bank of any creek; 26

ii. Within 35 feet of the landward extent of a lake or wetland; or 27

iii. Within a designated conservation management area. 28

This requirement may be waived where crossing of the creek by a bridge is necessary to 29 access the property where trees are to be removed. Such waiver shall be limited to the area 30 necessary to construct the bridge. For the purposes of this subsection, creeks shall be those 31 identified by the surface water district provisions of Article VIII. 32

c. Following removal of the trees granted by the permit, the petitioner shall within 18 months 33 provide for reforestation of the site by one of the following means: 34

i. Where forestry or other agricultural use of the property is to continue in the 35 conservation or agriculture districts, pine seedlings or other forestry or agricultural 36 crops, including pasture, may be planted. 37

ii. Where forestry use is to be abandoned or in districts where it is not a permitted use, 38 replacement of trees shall be required as per this Article. This requirement may be 39 waived when an adequate number of trees of appropriate size and species remain on-40 site to meet this requirement and are certified by the City Manager or designee to be in 41


good health and free from damage caused by harvest operation which may result in the 1 death of the tree. 2

d. All invasive nonnative tree species listed in Section 30-8.3 may be required to be removed 3 from the property. 4

7. Imposition of additional conditions. The City Manager or designee or Development Review 5 Board, as appropriate, may impose other reasonable conditions where need is demonstrated. 6 Such conditions may include restrictions on percentage of canopy removed or the prohibition of 7 tree removal from certain portions of the site under consideration. The City Manager or 8 designee, or Development Review Board, as appropriate, shall be guided by, but not restricted 9 to, the following criteria in imposing such additional conditions: 10

a. The need to provide buffers to adjacent developed property; 11

b. The need to protect soils highly susceptible to soil erosion as identified by the soil survey of 12 the county; 13

c. The need to protect slopes in excess of 10%, particularly near creeks and other bodies of 14 water; 15

d. The need to protect existing wetlands, floodplains and flood channels and other 16 environmentally sensitive areas as shown on existing maps, photographs and other reliable 17 and available sources; and 18

e. The need to preserve endangered, threatened or special concern animal and vegetative 19 species, habitats and communities, rare hardwood hammocks or champion trees as 20 identified from competent sources. 21

8. Removal of trees specifically planted or managed for harvest. Where environmental and other 22 factors limit the removal of trees on 75% or more of the site under consideration, the 23 commercial tree removal permit may be denied. However, factors identified above may not be 24 used to unduly prohibit the harvest of trees where it is demonstrated that the trees to be 25 harvested were specifically planted for that purpose. 26

Section 30-8.8. Tree Preservation During Development and Construction. 27

A. Barriers required. Prior to clearing, demolition, or other construction activities, the City Manager or 28 designee or reviewing board shall determine which trees, if any, require protection. Protective 29 barriers shall be constructed, as necessary, to prevent the destruction or damaging of regulated 30 trees that are located within 50 feet of any construction activity or storage of equipment and 31 materials. Trees identified for preservation which are destroyed or severely damaged shall be 32 mitigated in accordance with Section 30-8.7 prior to issuance of a certificate of occupancy or use. To 33 avoid conflicts between barrier placements and demolition and construction activities, barriers shall 34 be drawn to scale on the demolition, grading and paving sheets of the development plan. 35

B. Barrier zones. All regulated trees in areas of demolition or construction that have not been 36 permitted nor designated for removal by either the terms of the permit or approved development 37 order shall be protected by barrier zones erected and inspected prior to construction of any 38 structures, road, utility service or other improvements. Barricades shall comply with the following: 39

1. Protective barriers shall be plainly visible and shall create a continuous boundary around trees 40 or vegetation clusters in order to prevent encroachment by machinery, vehicles or stored 41 materials. To further protect tree roots, a layer of wood chips at least 8 inches thick shall cover 42


the soil within the barricade. Barricades shall be at least three feet tall and shall be constructed 1 of either wooden corner posts at least two by four inches buried at least one foot deep, with at 2 least two courses of wooden side slats at least one by four inches with colored flagging or 3 colored mesh attached, or constructed of one-inch angle iron corner posts with brightly colored 4 mesh construction fencing attached. High quality heritage trees shall be protected by galvanized 5 chain link fencing a minimum of 48 inches high, 11.5-gauge wire, 2-3/8 inch mesh size secured 6 with 1-7/8 inch line posts no further than 10 feet apart secured at a depth of 3 feet below soil 7 line. Corners shall be secured with 2-3/8 inch line posts secured to a depth of 4 feet below soil 8 line. 9

2. Barriers shall be placed at the greater of the following: 10

a. At or outside the dripline for all heritage and champion trees and all regulated pine and 11 palm trees; 12

b. At a minimum of two-thirds of the area of the dripline for all other regulated species; or 13

c. At the tree root plate. 14

3. If complying with the above placement of barriers is found to unduly restrict development of the 15 property, the City Manager or designee, or the appropriate reviewing board may approve 16 alternative barrier placements or methods of protection provided that at least 50% of the area 17 under the canopy dripline remains undisturbed (no grade change or root cut) and further 18 provided that there shall be no disturbance to the tree root plate. Protective barriers may not 19 be removed or relocated without such approval. 20

4. No trenching allowed within the protective barrier zone. Hand dig to install utility if approved by 21 City Manager or designee. Where roots greater than one inch in diameter are damaged or 22 exposed, they shall be cut cleanly and re-covered with soil within one hour of damage or 23 exposure. 24

5. Protective barriers shall remain in place and intact until such time as landscape operations 25 begin. If construction needs dictate a temporary removal (for less than 24 hours), the City 26 Manager or designee, may approve or deny the temporary removal of protective barriers. 27

6. Landscape preparation in the protected area shall be limited to shallow discing of the area. 28 Discing shall be limited to a depth of 4 inches unless specifically approved otherwise by the City 29 Manager or designee. 30

7. No building materials, machinery or harmful chemicals shall be placed within protective barriers, 31 except short-duration placements of clean fill soil that will not harm the tree. Such short-32 duration placements shall not exceed seven calendar days. The City Manager or designee shall 33 be notified of the dates the short duration placement will begin and end. The original soil grade 34 that existed within the protected areas prior to the placement of such fill shall be restored. 35

8. The American National Standards Institute A-300 Part V: Management of Trees and Shrubs 36 During Site Planning, Site Development, and Site Construction or other nationally recognized 37 arboricultural standards approved by the City Manager or designee shall be used as guidelines 38 for tree protection, planting, pruning and care during development and construction. 39

C. Preservation generally. Trees may be preserved on development sites in locations where a new tree 40 would be required. Credit for the preservation of such a tree will be given if the requirements listed 41 below are met. During construction, if the requirements are not being met and/or the preserved 42


tree is unlikely to survive in satisfactory condition, the owner shall apply for a tree removal permit in 1 accordance with the requirements of this code. 2

1. 50% of the area within the dripline of the tree shall be naturally preserved, both above- and 3 below-ground. Under no circumstances shall permission be given for any construction activity 4 within the tree root plate. The 50% protection zone shall include the entire tree root plate. 5 Landscape materials are permitted within the 50% protection zone but not within the tree root 6 plate. Within the 50% protection zone there shall be no alteration to the existing grade, no 7 trenching or cutting of roots, and no storage of materials or fill. No heavy equipment shall be 8 permitted within the protection zone. All work shall be done by hand. There shall be no 9 compaction of the soil, as from heavy construction equipment, and no concrete, paint, 10 chemicals or other foreign substances placed within this protection zone. 11

2. The City Manager or designee may approve paving blocks within the protection zone, provided 12 that all work is done by hand (no machinery), and that the soil area under the pavers is not 13 compacted beyond the bulk density limits of 1.40 g/cc in clay, 1.50 g/cc in loam, or 1.70 g/cc in 14 sand. No lime rock or other material shall be used underneath the pavers. Pavers may not be 15 placed within the tree root plate. 16

3. There shall be no evidence of active insect infestation potentially lethal to the trees and no 17 damage from skinning, barking or bumping. 18

4. The root plate of regulated trees within the public right-of-way should not be impacted by 19 adjacent development, even where the tree root plate encroaches on the private property. The 20 installation of new utilities or improvements to public utilities required to serve the 21 development should not require the removal of trees on the public right-of-way, where the 22 required separations from the utilities can be met. 23

5. If any preserved tree is not alive and healthy three years after the certificate of occupancy is 24 granted, it shall be removed and replaced with the tree or trees which originally would have 25 been required by this code. The area that was preserved to accommodate the preserved tree 26 shall be maintained in an unpaved condition and the replacement trees established in this area. 27

6. The city shall maintain, and make available to the public, descriptions and illustrations of tree 28 preservation and protection practices which will assist in assuring that preserved trees survive 29 construction and land development. 30

D. Inspections. The City Manager or designee shall conduct periodic inspections of the site before work 31 begins and/or during clearing, construction and/or post-construction phases of development in 32 order to ensure compliance with these regulations and the intent of this section. 33

E. Denial; conditions. The reviewing board or City Manager or designee may deny a proposal for 34 development because one or more champion or high quality heritage trees have not been preserved 35 or adequately protected, or may require special conditions of approval that may include but are not 36 limited to the following: 37

1. Requiring the trees to be protected with chain link barricades. 38

2. Requiring a soil aeration system in the vicinity of tree roots as needed, particularly where fill will 39 be added over roots of preserved trees or where compaction may reduce the availability of 40 water and oxygen to tree roots. 41


Section 30-8.9. Installation and Maintenance of Landscape Materials. 1

A. Installation. 2

1. Quality. All plants shall be Florida Nursery Grade Number 1 or better, according to the Florida 3 Department of Agriculture Division of Plant Industry Grades and Standards for nursery plants. 4 They shall be healthy, disease-free and pest-free, and hardy for the North Florida region. 5 Nursery invoices or labels shall clearly specify that Grade Number 1 or better plants were 6 purchased for installation. 7

2. Tree size. Trees must have a minimum height of 7 feet and a minimum trunk caliper of 2 inches. 8 Trees must be in minimum 30-gallon containers or field-grown material and must have a ball 9 diameter of at least 28 inches. Trees must have healthy root systems that have been pruned 10 according to the Florida Grades and Standards best practices. Tree species must be selected 11 from the Gainesville tree list with estimated size at maturity at least as large as the tree being 12 replaced. 13

3. Tree planting and mulching specifications. Trees should be planted in holes at least twice the 14 diameter of the rootball. The final level of the newly planted tree should place the root-trunk 15 union between .5 and 1.5 inches above grade. Mulch should be no deeper than 1 inch over the 16 top of the rootball. A tree ring to hold water in place should be constructed to overlap the 17 meeting of the edge of the rootball and surrounding soil. This tree ring and an area 1 foot 18 outside it should be covered with 4 inches of mulch. 19

4. Utility and landscaping compatibility. Lighting fixtures, transformer boxes, fire hydrants, power, 20 cable television or telephone lines, sewer or water pipes, or any other existing or proposed 21 utility facilities and associated appurtenances, shall be located and designed to provide 22 adequate service in the presence of landscape materials when such landscape reaches maturity. 23 Reasonable efforts shall be made to install utility service without impacting existing trees. 24 Excavation to install utility services shall remain at least 5 feet outside the root plate of any 25 existing high quality heritage tree. Lighting fixtures shall be located a minimum of 10 feet from 26 all required shade trees. No shade tree that exceeds 40 feet in height at maturity shall be 27 placed within 15 feet of any overhead utility. Fire hydrant connections and building fire 28 connections shall not be obstructed by plant material, nor shall dangerous plants such as 29 Spanish bayonet be located within 15 feet of such facilities. Small, low-growing shrubs (10 30 inches or less in height) may be planted to soften the visual impact of these facilities, provided 31 that the necessary access to such facilities is maintained. 32

5. Native trees. At least 75% of trees on the required landscape plan should be native species. 33 Cultivars of native trees are considered native species. 34

6. Environmental suitability. The use and location of all landscaping materials shall be compatible 35 with the soil and light needs of the proposed plant material. At the time of the required pre-36 purchase on-site inspection with the City Manager or designee, substitution of plant species 37 may be approved due to environmental unsuitability of the specified plant materials or due to 38 existing infrastructure conditions on the site. If changes will occur for more than 25% of the 39 trees on the site, then the changes shall be red-lined on the plans on file with the community 40 development and building inspections departments. Tree substitutions should be for trees that 41 reach the same maximum height at maturity. 42

7. Water conservation. The use of grass, lawn, or turf shall be minimized to conserve water. All sod 43 shall be inspected prior to purchase and installation and shall be certified as free of noxious 44


weeds by the Florida Department of Agriculture and Consumer Services, Division of Plant 1 Industry. All landscaped areas not covered with vegetation shall be covered with organic 2 mulches. No plastic surface covers shall be used. 3

B. Replacement of dead material. All trees planted in compliance with an approved development plan 4 or as mitigation for the removal of regulated trees shall be maintained in good health. Within 6 5 months of a determination by the City Manager or designee that a required tree or plant is dead or 6 severely damaged or diseased, the tree or plant shall be

article viii. protection of resources division 1. … dev update... · 2019. 2. 25. · article...

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